Results.
12 judgments found.
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| May 2017 |
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Where time is not of the essence and a purchaser has made substantial payment, specific performance can be ordered if the vendor unreasonably refuses the balance.
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Contract for sale of land — oral agreement — time not of the essence absent express term — Sale of Goods Act s10(1) — substantial performance — refusal to accept balance — entitlement to specific performance.
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31 May 2017 |
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Procedural irregularities in mortgage originating summons were curable; court ordered amendments and refused to set aside proceedings.
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Civil procedure — originating summons — procedural irregularity — omission of electronic address — defective affidavit (extraneous matter; missing exhibit; undated jurat) — curable defects — court’s discretion to allow amendment and expungement rather than dismissal.
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29 May 2017 |
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18 May 2017 |
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15 May 2017 |
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Procedural non‑compliance: debt recovery by originating summons and failure to obtain leave for service outside jurisdiction led to setting aside the process.
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Civil procedure — commencement of action — originating summons vs writ for debt recovery; Service out of jurisdiction — leave to issue process required under Order X Rules 15–16; Substituted service cannot cure prior failure to obtain leave; Article 118(2)(e) — undue regard to technicalities not a blanket excuse; High Court jurisdiction subject to compliance with prescribed procedure.
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12 May 2017 |
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Witness statement struck out for improperly containing expert opinion by a non‑independent employee without court leave.
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Civil procedure — witness statements — Order 38/2A White Book; expert opinion evidence — duties and independence of expert witnesses (National Justice); employee witnesses cannot serve as independent experts; expert evidence requires court leave unless parties agree.
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12 May 2017 |
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Court declined to determine disputed boundary and directed Surveyor General to re-survey plots, each party to bear own costs.
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Land law — Boundary disputes — Encroachment allegations — Inconsistent survey diagrams — Surveyor General’s role — Re-surveying/re-planning plots — Court refraining from making technical boundary determinations.
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12 May 2017 |
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Court refused to apportion contributory negligence in a constructive-trust claim; paying defendant may later seek contribution.
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Apportionment of liability; contributory negligence; Law Reform (Miscellaneous Provisions) Act ss.10(1) and 9(1)(c); constructive trust; joinder; right of contribution/indemnity between tortfeasors; execution of judgment against one defendant.
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12 May 2017 |
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Mortgagee entitled to payment, possession, foreclosure and sale after mortgagor's default; judgment with interest awarded.
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Mortgage law — registered legal mortgage — default and loss of right to redeem — power of sale and possession — Order 30 Rule 14; Conveyancing and Law of Property Act s.20; Lands and Deeds Registry Act s.66.
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12 May 2017 |
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A legal aid office must not represent an applicant against a former client when confidential information risks prejudice to the respondent.
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Legal Practitioners' Practice Rules — conflict of interest; duty of good faith; risk of breach of confidences — former client representation — legal aid acting against former client in same subject-matter prohibited where confidential information risks prejudice.
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11 May 2017 |
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Mortgagee entitled to judgment, interest, and foreclosure/possession despite non‑compliance with White Book formalities.
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Civil procedure — mortgage actions (Order 30 r14 High Court Rules) — evidentiary requirements — applicability of Order 88 (White Book) — foreclosure vs sale — equity of redemption extinguished on default.
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9 May 2017 |
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Applicant failed to show exceptional expatriate skills; minister rightly refused employment and spouse permits under Zambianisation rules.
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Immigration law — Employment permits — Zambianisation and requirement for exceptional expatriate skills — Spouse permits — definition of established resident — statutory appeal time‑limits (s.10) not dispositive where substantive grounds fail.
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3 May 2017 |